DETAILED ACTION
Applicants' arguments, filed 02/16/2026 as discussed in the remarks filed 03/10/2026, have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
The instant application claims domestic priority to PRO 62/923,227 filed 10/18/2019. The instant application is a CON of 17/072,318 filed 10/16/2020, a CIP of 17/468,858 filed 09/08/2021 and a CIP of 17/742,915 filed 05/12/2022.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation " 5-90 wt% a cleaning agent" in line 2. There is insufficient antecedent basis for this limitation in the claim. A cleaning agent is introduced in claim 6. The Examiner recommends the term “further comprising” with regards to the addition of an additional agent.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
A) Claims 1, 3-34, 36-38, 74-75, 116-147, 149-186, and 188-190 are rejected under 35 U.S.C. 103 as being unpatentable over Tamareselvy (US Patent Application Publication 20130189198 A1).
Tamareselvy teaches a surfactant composition comprising: i) at least one surfactant selected from anionic, zwitterionic or amphoteric, cationic, or non-ionic surfactant, and combinations thereof (Tamareselvy at claim 1). Tamareselvy further teaches the use of glycerides and more specifically that suitable glycerides (mono-, di-, and triglycerides) can be derived through the esterification of glycerol, a monoglyceride, or a diglyceride with a fatty acid(s) by techniques well known in the art, or by glycerolysis of animal fats and vegetable oils in the presence of a base at elevated temperature and under an inert atmosphere. As to the step of forming the glyceride, Tamareselvy teaches forming a diglyceride by esterification of glycerol (i.e. glycerin) with fatty acids, as of paragraph [0147] of Tamareselvy. The skilled artisan would have expected that the use of 2 moles of fatty acid per mole of glycerol would have produced a diglyceride. Fatty acids suitable for use in the esterification reaction include saturated and unsaturated C8-C30 fatty acids (Tamareselvy at [0147]). Tamareselvy teaches those exemplary saturated fatty acids include but are not limited to octanoic, decanoic, lauric, myristic, pentadecanoic, palmitic, margaric, steric, isostearic, nonadecanoic, arachidic, behenic, and the like, and mixtures thereof (Tamareselvy at [0232]). Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and Glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]).Tamareselvy further teaches BYV (Tamareselvy at [0246]). Tamareselvy teaches compositions with BYV values of 94, 105, 412, and 500 dyn/cm2 ((Tamareselvy at Table 4).
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Tamareselvy differs from the instant claims in this rejection insofar as it does not teach the combination of the instantly recited components with sufficient specificity for anticipation. Tamareselvy teaches the components of the instant recited composition and uses each component of their established function in the art but does not explicitly combine the components together into a single embodiment or a preferred composition. However, given the disclosure of each component individually, it would have been prima facie obvious to a person having ordinary skill in the art at a time prior to the filing of the present patent application and following the teachings of Tamareselvy to have selected and combined known components for their established functions with predictable results. MPEP §2143 and §2144.06(I).
Regarding instant claim 1, Tamareselvy teaches compositions with BYV values of 94, 105, 412, and 500 dyn/cm2 ((Tamareselvy at Table 4). Example 23 of Tamareselvy teaches a sulfate free bath gel which includes a structurant polymer and a sulfate free surfactant. Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and Glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]).
Regarding instant claim 3, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and Glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]). A composition comprising these components would be able to have an HLB of between 8.7 to 10.4. One of ordinary skill in the art would be able to routinely optimize the HLB of a water-in-oil or oil-in-water emulsion. See MPEP 2144.05(II).
Regarding instant claim 4, Tamareselvy teaches compositions with BYV values of 94, 105, 412, and 500 dyn/cm2 ((Tamareselvy at Table 4), which fall within the instantly claimed range of no more than 1,000,000cps. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 5, Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant and roughly 53% water. Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]). Tamareselvy teaches the use of natural and synthetic waxes, oils, fatty acids and alcohols, as well as the other benefit agents which can be utilized in an amount ranging from about 0.1% to about 30% by weight (Tamareselvy [0164]). Tamareselvy teaches the use of anionic surfactant which can be present in an amount ranging from about 5% to about 40% by weight (Tamareselvy [0227]). These ranges overlap the instantly claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 6, Tamareselvy teaches the use of ethyl acetate and ethyl lactate (Tamareselvy at [0119]).
Regarding instant claim 7, Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]). Tamareselvy teaches the use of natural and synthetic waxes, oils, fatty acids and alcohols, as well as the other benefit agents which can be utilized in an amount ranging from about 0.1% to about 30% by weight (Tamareselvy [0164]). Tamareselvy teaches the use of anionic surfactant which can be present in an amount ranging from about 5% to about 40% by weight (Tamareselvy [0227]). These ranges overlap the instantly claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 8, Tamareselvy teaches the use of ethyl acetate and ethyl lactate (Tamareselvy at [0119]).
Regarding instant claim 9, Tamareselvy teaches the use of ethyl acetate (Tamareselvy at [0119]).
Regarding instant claim 10, Tamareselvy teaches the use of ethyl lactate (Tamareselvy at [0119]).
Regarding instant claim 11, Tamareselvy teaches the use of water (Tamareselvy at claim 12).
Regarding instant claim 12, Tamareselvy teaches the use of water (Tamareselvy at claim 12).
Regarding instant claim 13, Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant, 8 % structurant polymer and roughly 53% water.
Regarding instant claim 14, Tamareselvy teaches the use of glycerides (Tamareselvy at [0147]).
Regarding instant claim 15, Tamareselvy teaches the use of glycerides (Tamareselvy at [0147]).
Regarding instant claim 16-24, Tamareselvy teaches that suitable glycerides (mono-, di-, and triglycerides) can be derived through the esterification of glycerol, a monoglyceride, or a diglyceride with a fatty acid(s) by techniques well known in the art, or by glycerolysis of animal fats and vegetable oils in the presence of a base at elevated temperature and under an inert atmosphere (See RSC Green Chemistry Book Series, The Royal Society of Chemistry, The Future of Glycerol: New Uses Of A Versatile Material, Chapter 7, Mario Pagliaro and Michele Rossi, © 2008). Fatty acids suitable for use in the esterification reaction include saturated and unsaturated C8-C30 fatty acids. (Tamareselvy at [0147]).
Regarding instant claim 25, Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]), which overlap the instantly claimed range of less than 2wt%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 26, Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]), which overlap the instantly claimed range of less than 1wt%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 27, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of glycerides (Tamareselvy at [0147]).
Regarding instant claim 28, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]).
Regarding instant claim 29, Tamareselvy teaches a surfactant composition comprising at least one surfactant selected from anionic, zwitterionic or amphoteric, cationic, or non-ionic surfactant, and combinations thereof (Tamareselvy at claim 1).
Regarding instant claim 30, Tamareselvy teaches a surfactant composition comprising sodium cocoyl isethionate, sodium myristyl sarcocinate, disodium lauryl sulfosuccinate, disodium laureth sulfosuccinate (Tamareselvy at [0061]), it should be noted that sulfosuccinates mentioned here are sulfonates and not sulfates because the sulfur atom therein is bound to three oxygen atoms and a carbon atom, not four oxygen atoms and therefore the composition is still considered “sulfate-free”.
Regarding instant claim 31, Tamareselvy teaches a surfactant composition comprising quaternium-52 (Tamareselvy at [0066]), quaternized esters (Tamareselvy at [0062]), and quaternary polysaccharides (Tamareselvy at [0182]).
Regarding instant claim 32, Tamareselvy teaches the use of disodium laureth-3 sulfosuccinate (Tamareselvy at [0053]). Tamareselvy teaches the use of alkyl sulphonates, alkaryl sulfonates, α-olefin-sulphonates, and alkylamide sulphonates (Tamareselvy at [0059]).
Regarding instant claim 33, Tamareselvy teaches the use of disodium laureth-3 sulfosuccinate (Tamareselvy at [0053]). Tamareselvy teaches the use of alkyl sulphonates, alkaryl sulfonates, α-olefin-sulphonates, and alkylamide sulphonates (Tamareselvy at [0059]).
Regarding instant claim 34, Tamareselvy teaches the use of disodium laureth-3 sulfosuccinate (Tamareselvy at [0053]).
Regarding instant claim 36, Tamareselvy teaches the use of cocoamidopropyl betaine, and cocamidopropyl hydroxysultaine (Tamareselvy at [0074] and Table 11).
Regarding instant claim 37, Tamareselvy teaches the use of disodium laureth-3 sulfosuccinate (Tamareselvy at [0053]).
Regarding instant claim 38, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of glycerides (Tamareselvy at [0147]).Tamareselvy teaches the use of cocoamidopropyl betaine, and cocamidopropyl hydroxysultaine (Tamareselvy at [0074] and Table 11). Tamareselvy teaches the use of ethyl acetate and ethyl lactate (Tamareselvy at [0119]).
Regarding instant claim 74, Tamareselvy teaches compositions with BYV values of 94, 105, 412, and 500 dyn/cm2 ((Tamareselvy at Table 4). Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of glycerides (Tamareselvy at [0147]).Tamareselvy teaches the use of cocoamidopropyl betaine, and cocamidopropyl hydroxysultaine (Tamareselvy at [0074] and Table 11). Tamareselvy teaches the use of ethyl acetate and ethyl lactate (Tamareselvy at [0119]). Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and Glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]). A composition comprising these components would be able to have an HLB of between 8.7 to 10.4. One of ordinary skill in the art would be able to routinely optimize the HLB of a water-in-oil or oil-in-water emulsion. See MPEP 2144.05(II).
Regarding instant claim 75, Tamareselvy teaches compositions with BYV values of 94, 105, 412, and 500 dyn/cm2 ((Tamareselvy at Table 4). Example 23 of Tamareselvy teaches a sulfate free bath gel which includes a structurant polymer and a sulfate free surfactant.
Regarding instant claim 116, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and Glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]).
Regarding instant claim 117, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and Glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]). A composition comprising these components would be able to have an HLB of between 8.7 to 10.4. One of ordinary skill in the art would be able to routinely optimize the HLB of a water-in-oil or oil-in-water emulsion. See MPEP 2144.05(II).
Regarding instant claim 118, Tamareselvy teaches compositions with BYV values of 94, 105, 412, and 500 dyn/cm2 ((Tamareselvy at Table 4), which fall within the instantly claimed range of at least 50 dynes/cm2. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 119, Tamareselvy teaches compositions with BYV values of 94, 105, 412, and 500 dyn/cm2 ((Tamareselvy at Table 4), which fall within the instantly claimed range of no more than 1,000,000cps. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 120, Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant and roughly 53% water. Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]). Tamareselvy teaches the use of natural and synthetic waxes, oils, fatty acids and alcohols, as well as the other benefit agents which can be utilized in an amount ranging from about 0.1% to about 30% by weight (Tamareselvy [0164]). Tamareselvy teaches the use of anionic surfactant which can be present in an amount ranging from about 5% to about 40% by weight (Tamareselvy [0227]). These ranges overlap the instantly claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I). Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant, 8 % structurant polymer and roughly 53% water.
Regarding instant claim 121, Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant and roughly 53% water. Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]). Tamareselvy teaches the use of natural and synthetic waxes, oils, fatty acids and alcohols, as well as the other benefit agents which can be utilized in an amount ranging from about 0.1% to about 30% by weight (Tamareselvy [0164]). Tamareselvy teaches the use of anionic surfactant which can be present in an amount ranging from about 5% to about 40% by weight (Tamareselvy [0227]). These ranges overlap the instantly claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 122, Tamareselvy teaches the use of ethyl acetate and ethyl lactate (Tamareselvy at [0119]).
Regarding instant claim 123, Tamareselvy teaches the use of ethyl acetate and ethyl lactate (Tamareselvy at [0119]).
Regarding instant claim 124, Tamareselvy teaches the use of ethyl acetate and ethyl lactate (Tamareselvy at [0119]).
Regarding instant claim 125, Tamareselvy teaches the use of water (Tamareselvy at claim 12).
Regarding instant claim 126, Tamareselvy teaches the use of water (Tamareselvy at claim 12).
Regarding instant claim 127, Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant and roughly 53% water. Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]). Tamareselvy teaches the use of natural and synthetic waxes, oils, fatty acids and alcohols, as well as the other benefit agents which can be utilized in an amount ranging from about 0.1% to about 30% by weight (Tamareselvy [0164]). Tamareselvy teaches the use of anionic surfactant which can be present in an amount ranging from about 5% to about 40% by weight (Tamareselvy [0227]). These ranges overlap the instantly claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I). Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant, 8 % structurant polymer and roughly 53% water.
Regarding instant claim 128, Tamareselvy teaches the use of glycerides (Tamareselvy at [0147]).
Regarding instant claim 129-137, Tamareselvy teaches that suitable glycerides (mono-, di-, and triglycerides) can be derived through the esterification of glycerol, a monoglyceride, or a diglyceride with a fatty acid(s) by techniques well known in the art, or by glycerolysis of animal fats and vegetable oils in the presence of a base at elevated temperature and under an inert atmosphere (See RSC Green Chemistry Book Series, The Royal Society of Chemistry, The Future of Glycerol: New Uses Of A Versatile Material, Chapter 7, Mario Pagliaro and Michele Rossi, © 2008). Fatty acids suitable for use in the esterification reaction include saturated and unsaturated C8-C30 fatty acids. (Tamareselvy at [0147]).
Regarding instant claim 138, Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]), which overlap the instantly claimed range of less than 2wt%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 139, Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]), which overlap the instantly claimed range of less than 1wt%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 140, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of glycerides (Tamareselvy at [0147]).
Regarding instant claim 141, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]).
Regarding instant claim 142, Tamareselvy teaches a surfactant composition comprising at least one surfactant selected from anionic, zwitterionic or amphoteric, cationic, or non-ionic surfactant, and combinations thereof (Tamareselvy at claim 1).
Regarding instant claim 143, Tamareselvy teaches a surfactant composition comprising sodium cocoyl isethionate, sodium myristyl sarcocinate, disodium lauryl sulfosuccinate, disodium laureth sulfosuccinate (Tamareselvy at [0061]), it should be noted that sulfosuccinates mentioned here are sulfonates and not sulfates because the sulfur atom therein is bound to three oxygen atoms and a carbon atom, not four oxygen atoms and therefore the composition is still considered “sulfate-free”.
Regarding instant claim 144, Tamareselvy teaches a surfactant composition comprising quaternium-52 (Tamareselvy at [0066]), quaternized esters (Tamareselvy at [0062]), and quaternary polysaccharides (Tamareselvy at [0182]).
Regarding instant claim 145, Tamareselvy teaches a surfactant composition comprising sodium cocoyl isethionate, sodium myristyl sarcocinate, disodium lauryl sulfosuccinate, disodium laureth sulfosuccinate (Tamareselvy at [0061]), it should be noted that sulfosuccinates mentioned here are sulfonates and not sulfates because the sulfur atom therein is bound to three oxygen atoms and a carbon atom, not four oxygen atoms and therefore the composition is still considered “sulfate-free”. Tamareselvy teaches the use of disodium laureth-3 sulfosuccinate (Tamareselvy at [0053]). Tamareselvy teaches the use of alkyl sulphonates, alkaryl sulfonates, α-olefin-sulphonates, and alkylamide sulphonates (Tamareselvy at [0059]).
Regarding instant claim 146, Tamareselvy teaches the use of disodium laureth-3 sulfosuccinate (Tamareselvy at [0053]). Tamareselvy teaches the use of alkyl sulphonates, alkaryl sulfonates, α-olefin-sulphonates, and alkylamide sulphonates (Tamareselvy at [0059]).
Regarding instant claim 147, Tamareselvy teaches a surfactant composition comprising sodium cocoyl isethionate, sodium myristyl sarcocinate, disodium lauryl sulfosuccinate, disodium laureth sulfosuccinate (Tamareselvy at [0061]), it should be noted that sulfosuccinates mentioned here are sulfonates and not sulfates because the sulfur atom therein is bound to three oxygen atoms and a carbon atom, not four oxygen atoms and therefore the composition is still considered “sulfate-free”.
Regarding instant claim 149, Tamareselvy teaches the use of cocoamidopropyl betaine, and cocamidopropyl hydroxysultaine (Tamareselvy at [0074] and Table 11).
Regarding instant claim 150, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches a surfactant composition comprising sodium cocoyl isethionate, sodium myristyl sarcocinate, disodium lauryl sulfosuccinate, disodium laureth sulfosuccinate (Tamareselvy at [0061]), it should be noted that sulfosuccinates mentioned here are sulfonates and not sulfates because the sulfur atom therein is bound to three oxygen atoms and a carbon atom, not four oxygen atoms and therefore the composition is still considered “sulfate-free”.
Regarding instant claim 151, Tamareselvy teaches a sulfate free bath gel (Tamareselvy at [0077]).
Regarding instant claim 152, Tamareselvy teaches the use of pigments (Tamareselvy at [0171-0173]).
Regarding instant claim 153, Tamareselvy teaches a sunscreen (Tamareselvy at [0240]).
Regarding instant claim 154, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and Glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]).
Regarding instant claim 155, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and Glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]). A composition comprising these components would be able to have an HLB of between 8.7 to 10.4. One of ordinary skill in the art would be able to routinely optimize the HLB of a water-in-oil or oil-in-water emulsion. See MPEP 2144.05(II).
Regarding instant claim 156, Tamareselvy teaches compositions with BYV values of 94, 105, 412, and 500 dyn/cm2 ((Tamareselvy at Table 4), which fall within the instantly claimed range of no more than 1,000,000cps. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 157, Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant and roughly 53% water. Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]). Tamareselvy teaches the use of natural and synthetic waxes, oils, fatty acids and alcohols, as well as the other benefit agents which can be utilized in an amount ranging from about 0.1% to about 30% by weight (Tamareselvy [0164]). Tamareselvy teaches the use of anionic surfactant which can be present in an amount ranging from about 5% to about 40% by weight (Tamareselvy [0227]). These ranges overlap the instantly claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 158, Tamareselvy teaches the use of ethyl acetate and ethyl lactate (Tamareselvy at [0119]).
Regarding instant claim 159, Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant and roughly 53% water. Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]). Tamareselvy teaches the use of natural and synthetic waxes, oils, fatty acids and alcohols, as well as the other benefit agents which can be utilized in an amount ranging from about 0.1% to about 30% by weight (Tamareselvy [0164]). Tamareselvy teaches the use of anionic surfactant which can be present in an amount ranging from about 5% to about 40% by weight (Tamareselvy [0227]). These ranges overlap the instantly claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I). Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant, 8 % structurant polymer and roughly 53% water.
Regarding instant claim 160, Tamareselvy teaches the use of ethyl acetate and ethyl lactate (Tamareselvy at [0119]).
Regarding instant claim 161, Tamareselvy teaches the use of ethyl acetate and ethyl lactate (Tamareselvy at [0119]).
Regarding instant claim 162, Tamareselvy teaches the use of ethyl acetate and ethyl lactate (Tamareselvy at [0119]).
Regarding instant claim 163, Tamareselvy teaches the use of water (Tamareselvy at claim 12).
Regarding instant claim 164, Tamareselvy teaches the use of water (Tamareselvy at claim 12).
Regarding instant claim 165, Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant and roughly 53% water. Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]). Tamareselvy teaches the use of natural and synthetic waxes, oils, fatty acids and alcohols, as well as the other benefit agents which can be utilized in an amount ranging from about 0.1% to about 30% by weight (Tamareselvy [0164]). Tamareselvy teaches the use of anionic surfactant which can be present in an amount ranging from about 5% to about 40% by weight (Tamareselvy [0227]). These ranges overlap the instantly claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I). Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant, 8 % structurant polymer and roughly 53% water.
Regarding instant claim 166, Tamareselvy teaches the use of glycerides (Tamareselvy at [0147]).
Regarding instant claim 167, Tamareselvy teaches the use of glycerides (Tamareselvy at [0147]).
Regarding instant claim 168-176, Tamareselvy teaches that suitable glycerides (mono-, di-, and triglycerides) can be derived through the esterification of glycerol, a monoglyceride, or a diglyceride with a fatty acid(s) by techniques well known in the art, or by glycerolysis of animal fats and vegetable oils in the presence of a base at elevated temperature and under an inert atmosphere (See RSC Green Chemistry Book Series, The Royal Society of Chemistry, The Future of Glycerol: New Uses Of A Versatile Material, Chapter 7, Mario Pagliaro and Michele Rossi, © 2008). Fatty acids suitable for use in the esterification reaction include saturated and unsaturated C8-C30 fatty acids. (Tamareselvy at [0147]).
Regarding instant claim 177, Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]), which overlap the instantly claimed range of less than 2wt%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 178, Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]), which overlap the instantly claimed range of less than 1wt%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 179, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of glycerides (Tamareselvy at [0147]).
Regarding instant claim 180, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]).
Regarding instant claim 181, Tamareselvy teaches a surfactant composition comprising at least one surfactant selected from anionic, zwitterionic or amphoteric, cationic, or non-ionic surfactant, and combinations thereof (Tamareselvy at claim 1).
Regarding instant claim 182, Tamareselvy teaches a surfactant composition comprising sodium cocoyl isethionate, sodium myristyl sarcocinate, disodium lauryl sulfosuccinate, disodium laureth sulfosuccinate (Tamareselvy at [0061]), it should be noted that sulfosuccinates mentioned here are sulfonates and not sulfates because the sulfur atom therein is bound to three oxygen atoms and a carbon atom, not four oxygen atoms and therefore the composition is still considered “sulfate-free”.
Regarding instant claim 183, Tamareselvy teaches a surfactant composition comprising quaternium-52 (Tamareselvy at [0066]), quaternized esters (Tamareselvy at [0062]), and quaternary polysaccharides (Tamareselvy at [0182]).
Regarding instant claim 184, Tamareselvy teaches a surfactant composition comprising sodium cocoyl isethionate, sodium myristyl sarcocinate, disodium lauryl sulfosuccinate, disodium laureth sulfosuccinate (Tamareselvy at [0061]), it should be noted that sulfosuccinates mentioned here are sulfonates and not sulfates because the sulfur atom therein is bound to three oxygen atoms and a carbon atom, not four oxygen atoms and therefore the composition is still considered “sulfate-free”.
Regarding instant claim 185, Tamareselvy teaches the use of disodium laureth-3 sulfosuccinate (Tamareselvy at [0053]). Tamareselvy teaches the use of alkyl sulphonates, alkaryl sulfonates, α-olefin-sulphonates, and alkylamide sulphonates (Tamareselvy at [0059]).
Regarding instant claim 186, Tamareselvy teaches a surfactant composition comprising sodium cocoyl isethionate, sodium myristyl sarcocinate, disodium lauryl sulfosuccinate, disodium laureth sulfosuccinate (Tamareselvy at [0061]), it should be noted that sulfosuccinates mentioned here are sulfonates and not sulfates because the sulfur atom therein is bound to three oxygen atoms and a carbon atom, not four oxygen atoms and therefore the composition is still considered “sulfate-free”.
Regarding instant claim 188, Tamareselvy teaches the use of cocoamidopropyl betaine, and cocamidopropyl hydroxysultaine (Tamareselvy at [0074] and Table 11).
Regarding instant claim 189, Tamareselvy teaches a surfactant composition comprising sodium cocoyl isethionate, sodium myristyl sarcocinate, disodium lauryl sulfosuccinate, disodium laureth sulfosuccinate (Tamareselvy at [0061]), it should be noted that sulfosuccinates mentioned here are sulfonates and not sulfates because the sulfur atom therein is bound to three oxygen atoms and a carbon atom, not four oxygen atoms and therefore the composition is still considered “sulfate-free”.
Regarding instant claim 190, Tamareselvy teaches the use of pigments (Tamareselvy at [0171-0173]).
B) Claim 35, 148, and 187 is rejected under 35 U.S.C. 103 as being unpatentable over Tamareselvy (US Patent Application Publication 20130189198A1) in view of Ziganke (US Patent Application Publication 20010031712 A1).
The teachings of Tamareselvy are discussed above.
The teachings of Tamareselvy differ from that of instant claim 35 insofar are they do not teach the use of the specific surfactant sodium lauriminodipropionate. The teachings of Ziganke cure this deficit.
Zignake teaches the use of sodium lauriminodipropionate used in a surfactant combination (Zignake at [0077]).
The teachings of Zignake differ from the instantly claimed composition insofar as it does not teach the method of making glyceride. The teachings of Tamareselvy cure this deficit.
It would have been prima facie obvious to one of ordinary skill in the art to have combined the surfactant of Zignake with the surfactant of Tamareselvy for the predictable result of a combination of surfactants. See MPEP 2144.06(I) One would have a reasonable expectation of success because sodium lauriminodipropionate is an amphoteric surfactant, which are also taught by Tamareselvy (Tamareselvy at claim 1).
Response to Arguments
Applicant's arguments filed 02/16/2026 have been fully considered but they are not persuasive.
Applicant argues that Tamareselvy is specific to an aqueous surfactant containing composition as a thickener in a crosslinked acrylic copolymer. The instant application is specific to a cleaning system comprising sulfate-free surfactant. Claim 1 is amended to include the HLB, or hydrophilic-lipophilic balance, of at least 4 to no more than 8 of original claim 2. Claim 74 recites the HLB of the structurant and claim 75 recites the Brookfield Yield Value of the colloidal dispersion. It is well known in the art that a HLB of 4-8 represents a hydrophobic material which is lipid, or oil, soluble and not soluble in water. It is also well known that a Brookfield Yield Value of at least 50 dynes/cm2 is a stable dispersion. Tamareselvy is specific to improvements in acrylic copolymers to make better thickeners for any surfactant system. Crosslinking the acrylic copolymers improves that effectiveness of the unwound copolymer in thickening the aqueous solution. The thickener would not have an HLB of at least 4 to no more than 8, as recited in claims 1 and 74, or Brookfield Yield recited in claim 75.
The Examiner does not agree. Claim 1 recites “a structurant wherein said structurant has an HLB of at least 4 to no more than 8”, Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]). Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). A composition comprising these components would be able to have an HLB of between 8.7 to 10.4. One of ordinary skill in the art would be able to routinely optimize the HLB of a water-in-oil or oil-in-water emulsion. See MPEP 2144.05(II). Tamareselvy teaches compositions with BYV values of 94, 105, 412, and 500 dyn/cm2 ((Tamareselvy at Table 4), which fall within the instantly claimed range of at least 50 dynes/cm2. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I). With regards to the argument that Tamareselvy is used for a different purpose Tamarselvy does not need to solve the same problem as the instant application. The reason or motivation to modify the reference may often suggest what the inventor has done, but for a different purpose or to solve a different problem. It is not necessary that the prior art suggest the combination to achieve the same advantage or result discovered by applicant. See, e.g., In re Kahn, 441 F.3d 977, 987, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006). See MPEP 2144(IV). Tamarselvy is good for all it teaches. "The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain." In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983). See MPEP 2123(I). As such, the Applicant’s arguments are not persuasive and the obviousness rejection is maintained.
Applicant argues Ziganke teaches surfactant systems, however, there is neither a teaching, nor a suggestion, in Ziganke of a combination of components sufficient to achieve the HLB recited in claim 1. Claim 35 is therefore believed to be patentable over Tamareselvy and Ziganke.
The Examiner does not agree. Claim 1 recites “a structurant wherein said structurant has an HLB of at least 4 to no more than 8”, Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]). Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). A composition comprising these components would be able to have an HLB of between 8.7 to 10.4. One of ordinary skill in the art would be able to routinely optimize the HLB of a water-in-oil or oil-in-water emulsion. See MPEP 2144.05(II). As such, the Applicant’s arguments are not persuasive and the obviousness rejection is maintained.
Terminal Disclaimer
The terminal disclaimer filed on 03/10/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent No. 11,692,107, No. 11,491,094 and US Patent Application No. 18/906224 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Conclusion
No claims are presently allowable.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA MICHELLE PETRITSCH whose telephone number is (571)272-6812. The examiner can normally be reached M-F 08:30-17:00 EST ALT Fridays.
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/AMANDA MICHELLE PETRITSCH/Examiner, Art Unit 1612
/SAHANA S KAUP/Supervisory Primary Examiner, Art Unit 1612
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